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Kansas

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 10

Med Pay Subrogation - No

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 5 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment is the lesser of: 1. 25% of the disposable earnings or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage or 3. The amount of plaintiff’s claim stated in the order for garnishment; No creditor can issue more than one garnishment against the same debtor during any 30-day period
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
   $5,000 plus court costs
   Unlimited if parental neglect
Liability imposed for willful or malicious damage to person or property
 


Subrogation by Landlord's Carrier against Tenant

No, unless landlord expressly agrees to provide insurance for tenant


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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